Risken v. United States

THOMAS, Circuit Judge.

This is an appeal from an order of the district court denying a motion by appellant to vacate a judgment committing him to the custody of the Attorney General for imprisonment for four years on count one and three years on count two of an indictment, the sentences to run consecutively.

The motion alleged as grounds for the relief demanded:

“1. That the Indictment lacks essential elements necessary to sustain a valid sentence.

“2. That the Indictment is not so constructed as to preclude future prosecution for the same offense.

“3. That Count One of the Indictment does not…